Over the years, I have observed that Malawians tend to avoid engaging in candid discussions about prominent figures in society, often out of a sense of deep respect or to steer clear of potential conflicts and controversies.
Saulos Chilima’s eligibility to contest in the 2025 presidential elections after serving two consecutive terms as vice president is undoubtedly a matter of great significance for Malawi’s political landscape.
This issue deserves a candid discussion, regardless of the personal likability of Chilima, as it concerns the fundamental principles of democracy and governance in the country.
First and foremost, it is essential to clarify that the decision regarding Chilima’s eligibility should be based on the law, as is the case in any democratic nation and not based on personality.
The Malawian Constitution is the supreme law of the land, and its provisions should guide the interpretation of eligibility for any political office, including the presidency.
The legal context surrounding this issue, as highlighted by the Supreme Court of Appeal in the Bakili Muluzi vs. The Electoral Commission case in 2009, indicates that the presidency encompasses both the President and the vice presidents.
This interpretation is consistent with the spirit of the Constitution, which seeks to prevent any individual from holding the presidency for an extended period, as it would be contrary to the principles of term limits and rotation of power.
The Malawi Constitution establishes positions for both First Vice President and Second Vice President, and it is evident that these offices are included in the constitutional provisions regarding term limits.
If the two-term limit applied exclusively to the President, it could create a situation where an individual could serve as Second Vice President for two consecutive terms and then transition to First Vice President for another two consecutive terms before eventually assuming the office of the President for another two terms.
This scenario would effectively defeat the entire purpose of limiting presidential terms, as the benefits and powers of the President and the Vice President positions are substantially similar.
It is clear, therefore, that the intention of the Malawian Constitution is to ensure that no individual holds a prominent executive position for more than two consecutive terms, whether as President, First Vice President or Second Vice President.
This interpretation is not only legally sound but also aligns with the principles of democratic governance, ensuring a fair and equitable distribution of power and leadership opportunities.
In light of this legal framework and the spirit of the Constitution, Saulos Chilima’s eligibility to contest in the 2025 presidential elections must be examined within the context of these provisions.
Chilima has served two consecutive terms. The first was from 2014 to 2019 when he paired with Arthur Peter Mutharika under the Democratic Progressive Party ticket and from 2020 to 2025 in the Tonse Alliance government.
After serving two consecutive terms as Vice President, it would be constitutionally consistent for the UTM leader to be ineligible to run for the presidency in 2025.
However, it is crucial to emphasise that any discussion on this matter should remain objective and within the bounds of the law.
The Malawian people, their leaders, and the judiciary should ensure that constitutional principles are upheld, providing a fair and just political environment where leadership transitions occur as intended by the Constitution.
It is important to leave out emotions and personalities in such discourse. The willingness to engage in open and candid discussions on such matters is essential for the continued strengthening of Malawi’s democracy and the rule of law.
Just to agree with Prof. Kamchedzera, Chilimas political future hangs in the balance. His situation needs to be interpreted by the constitutional court through a presidential referral and as far as 2025 eligibility is concerned, it is only President Lazarus Chakwera who can do that referral.
